Judgment :- K. Chandru, J. Provoked by the Advertisement No. 84 given by the Tamil Nadu Public Service Com­mission (for short 'TNPSC') and the gross in-justice done to the Dalit converts to Buddhism, the petitioner, a Professor of English and a public spirited person, has filed the present writ petition. 2. The advertisement issued by the TNPSC in all the leading newspapers including `The Hindu' dated 28.9.2006 called for applications from candidates for the post of Assistants in the Tamil Nadu Secretariat Service and also in the office of TNPSC as well as Personal Clerks in the Tamil Nadu Secretariat Service and also in the office of the TNPSC. Though Column No. 5(i) states that the rule of reservation for appointment by direct recruitment applies to each post separately, the advertisement ad­vised the candidates to refer to the instructions issued by the TNPSC. 3. In the note appended to paragraph 11 of the Instructions, it is stated as follows: "A member of the Scheduled Castes on con-version to Buddhism will not be entitled to the concession admissible to Adi-Dravidar Caste (Hindus)." 4. This is in brazen disobedience to the Constitution. By the Amendment Act of 1990 (Central Act 15 of 1990) dated 4.6.1990, the Constitution Scheduled Castes Order was amended to include Buddhists, as also Sched­uled Caste converts to Buddhism as being eli­gible for rules of reservation by the Parliament. This was circulated by Govern­ment of India to all the State Governments. Though the said amendment had come into force 16 years ago, it is shocking to note that the TNPSC has not woken up from its slumber to amend their instructions to candidates in the various examinations conducted by them. This is despite the fact that before various Courts, TNPSC argues that their instructions to candidates are mandatory and will even have the force of law. Even though the respon­dent-TNPSC has been constituted by virtue of Article 315 of the Constitution of India and be­ing a part of Constitutional mechanism they are bound to implement the provisions of the Constitution without anyone asking them or they must refuse to go by any instructions to the contrary. 5. However, on notice on this writ petition and when questioned by this Court, Mr. 5. However, on notice on this writ petition and when questioned by this Court, Mr. Suresh Kumar, learned counsel appearing for TNPSC, contended that all these years, as a re­cruiting agency, they went by the requisition made by the State Government in the matter of reservation. Even in terms of tendering advise to the State Government in terms of Article 320 of the Constitution, he drew the attention of this Court to sub-clause (4) of Article 320 wherein it is stated that the manner in which the provisions referred to in Clause 4 of Article 16 may be made and as regards the manner in which effect may be given to the provisions of Article 320, the TNPSC need not be consulted. Therefore, he prays that a direction may be given to the State Government to give an ap­propriate direction to them to suitably modify their requisition in future so that they can act accordingly. 6. We are unable to agree with the said sub-mission. In this context, it is necessary to refer to certain historical facts relating to conver­sion of Dalits to Buddhism and also the history behind the constitutional amendment. 7. Dr. Ambedkar was described by the Nehru's biographer Michael Brecher as the Chief architect or more correctly, the Field General of the campaign for a new Constitu­tion. (See PORECHER MICHAEL, 1959. NEHRU A POLITICAL BIOGRAPHY. London Oxford Uni­versity Press). 8. He took steps for conversion of Dalits to Buddhism seeking for social equality. In an All India Radio broadcast on 3.10.1954, Dr. Ambedkar declared as follows: 'Positively, my social philosophy may be said to be enshrined in three words: liberty, equality and fraternity. Let no one however say that I borrowed my philosophy from the French Revolution. I have not. My philoso­phy has roots in religion and not in political science. I have derived them from the teach­ings of my master, the Buddha [...]. My phi­losophy has a mission. I have to do the work of conversion [to Buddhism]." [See: CHRISTOPHE JAFFRELOT “DR. AMBEDKAR AND UNTOUCHABILITY” (2005) Orient Longman Private Limited] 9. On 14.10.1956 along with 2,50,000 peo­ple, he embraced Buddhism in a ceremony conducted at Nagpur. I have derived them from the teach­ings of my master, the Buddha [...]. My phi­losophy has a mission. I have to do the work of conversion [to Buddhism]." [See: CHRISTOPHE JAFFRELOT “DR. AMBEDKAR AND UNTOUCHABILITY” (2005) Orient Longman Private Limited] 9. On 14.10.1956 along with 2,50,000 peo­ple, he embraced Buddhism in a ceremony conducted at Nagpur. After taking Deeksha (Initiation) into Buddhism in his address at the massive congregation, he summed up the story of his conversion and its impact upon him as follows: "I started the movement of renouncing the Hindu religion in 1935 at Nasik and since then I have been continuing the struggle. A mammoth meeting was held at Yevala, in 1935 in which through a resolution, a deci­sion was taken to the effect that we should renounce the Hindu religion. In that meet­ing I had said that though born a Hindu because, I could not help it, I would not die as a Hindu. This conversion has given me enor­mous satisfaction and pleasure unimagin­able. I feel as if I have been liberated from hell." 10. In the same address, he told the audi­ence as to why he chose to embrace Buddhism in the following words: "In fact this is not something new nor have we imported it from outside. Buddhism is the religion of this country. It is more than two thousand years' old. I feel sorry for the fact that I did not embrace this religion ear­lier. The teachings of the Buddha are eternal but even then Buddha did not proclaim them to be infallible. The religion of Buddha has the capacity to change according to times, a quality which no other religion can claim to have." 11. Being conscious that such a conversion to another religion may deny the fruits of reservation that he so beautifully carved into the Constitution, Articles 15 and 16, he wrote in his speech, ‘THE GREAT CONVERSION’ as fol­lows: "Self-respect is more important than the material gains. Our struggle is for honour for self-respect, not only for the economic progress alone.” Due to this call, thousands joined Buddhist fold unmindful of the denial of reservation benefits that is granted to them under the Con­stitution. 12. Our struggle is for honour for self-respect, not only for the economic progress alone.” Due to this call, thousands joined Buddhist fold unmindful of the denial of reservation benefits that is granted to them under the Con­stitution. 12. In fact, on explaining the need for conversion, he argued that economical or political rights of the Dalits will not be affected by conversion and even preferred to going to the "so­cial strength" as compared to these rights and, therefore, he gave a call for untouchables and Dalits by saying: "To get human treatment, convert your-selves; Convert, for getting organised. Convert, for becoming strong. Convert, for securing equality. Convert, for getting liberty. Convert, so that your domestic life may be happy.” 13. However, the conversion to Buddhism issue did not awake the Government to protect the interest of converted Buddhists to make available, the fruits of reservation. In view of the sustained campaign in different quarters, the Government thought fit to change their stand on this issue. The idea for doing the same came on the birth centenary of Dr. Ambedkar, which fell in the year 1990. The Central Gov­ernment conferred the highest Award of this nation "Bharat Ratna” posthumously to Dr. Ambedkar and also unveiled his portrait in the Hall of the Parliament. Apart from this cere­monial exercise, the Government thought that a real tribute that may be given to him was to remove the injustice done to the Dalit converts to Buddhism by making a constitutional amendment in the same year as that of the birth centenary year. Thus, came the constitutional amendment referred to above. 14. It is shocking to note that the State Gov­ernment and the TNPSC, which is a constitu­tional creature, should sleep over the matter for the last sixteen years' and wake up from their slumber, that too, after a writ petition is filed in public interest before this Court and to seek this Court's direction, which is not only unnecessary, but such a prayer will be an abdi­cation of the power vested on them. We have no hesitation in rejecting the request made by the learned counsel for TNPSC. 15. We have no hesitation in rejecting the request made by the learned counsel for TNPSC. 15. On the contrary, we issue the following direction to the TNPSC, which is the sole re­spondent, to remove the note appended in paragraph 11 of the instructions to candidates, which contains the following words, viz., "A member of the Scheduled Castes on conver­sion to Buddhism will not be entitled to the concession admissible to Adi-Dravidar Caste (Hindus)" and give a suitable advertisement in all the leading newspapers both in English and in Tamil, which are having wide circulation in the State of Tamil Nadu, about correcting the mistake forthwith. 16. It is unfortunate that we cannot redeem the injustice done in the past due to the thoughtless exercise by the TNPSC in the last sixteen years'. However, we make it clear that the respondent-TNPSC shall immediately call for applications in respect of the very same re­cruitment by giving a proper advertisement in newspapers and call for applications from can­didates within a period of ten days' from today. 17. Since the learned counsel appearing for TNPSC states that already examinations have been fixed in the Forenoon of 7.1.2007 as per the earlier advertisement and all necessary arrangements have been taken by them, he requested that this Court may not disturb the date of examination. In the light of the difficulty expressed by the learned counsel appearing for TNPSC, we are not disturbing the date of ex­amination fixed by them. 18. If any application was received pursu­ant to the advertisement, they should also con­sider the same and issue necessary Hall Tickets for those candidates. Further, such of those SC candidates (who have converted to Buddhism) and who had already applied, pur­suant to the earlier advertisement, should be considered as falling under the reserved cate­gory and not go by their mindless instructions given earlier. 19. The writ petition is ordered accord­ingly. However, there will be no order as to costs. In view of the same, M.P. Nos. 1 and 2 of 2006 shall stand closed. Ordered accordingly.